© 1996-2003 american student achievement institute may be reproduced with proper citation for...

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© 1996-2003 American Student Achievement Institute http://asai.indstate.edu May be reproduced with proper citation for educational purposes.

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Page 1: © 1996-2003 American Student Achievement Institute  May be reproduced with proper citation for educational purposes

© 1996-2003 American Student Achievement Institute

http://asai.indstate.edu • May be reproduced with proper citation for educational purposes.

Page 2: © 1996-2003 American Student Achievement Institute  May be reproduced with proper citation for educational purposes

American Student Achievement Institute

Page 3: © 1996-2003 American Student Achievement Institute  May be reproduced with proper citation for educational purposes

CONFIDENTIALITY

Ethical Concept

What is said between two people will remain secret and will not be shared

without consent

PRIVILEGED COMMUNICATION

Legal Concept

Protects from Forced Disclosure

YES: School Counselors & School Social Workers

NO: School Nurses, School Psychologists, Advisors, Mentors

EXCEPTIONS TO CONFIDENTIALITY & PRIVILEGED COMMUNICATION Child Abuse & Neglect

Student has committed an illegal act

Student intends to commit a crime

Parent (or eligible student) waives right

Potential harm to self or others

Confidentiality / Privileged Communication

American Student Achievement Institute

Page 4: © 1996-2003 American Student Achievement Institute  May be reproduced with proper citation for educational purposes

American Student Achievement Institute

Page 5: © 1996-2003 American Student Achievement Institute  May be reproduced with proper citation for educational purposes

Prohibits discrimination on the basis of gender by any institution receiving federal funds

Prohibits discrimination on the basis of gender in guidance or counseling

All careers open to both genders

All courses offered to both genders

Test interpretations differ for genders (red flag)

Hiring practices – cannot be gender related

Title IX – Gender Equity

American Student Achievement Institute

Page 6: © 1996-2003 American Student Achievement Institute  May be reproduced with proper citation for educational purposes

American Student Achievement Institute

Page 7: © 1996-2003 American Student Achievement Institute  May be reproduced with proper citation for educational purposes

IC 31-34-1-6

A CHILD IS IN NEED OF SERVICES IF BEFORE THE CHILD BECOMES EIGHTEEN (18) YEARS OF AGE:

(1) The child substantially endangers the child’s own health or the health of another individual; and

(2) The child needs care, treatment, or rehabilitation that the child

(A) is not receiving, and

(B) is unlikely to be provided or accepted with the coercive intervention of the court.

Child in Need of Services

American Student Achievement Institute

Page 8: © 1996-2003 American Student Achievement Institute  May be reproduced with proper citation for educational purposes

CHILD ABUSE

• Excessive bruises

• Pattern of bruises

• Burns

• Burn patterns

• Lacerations, welts, abrasions

• Injuries inconsistent with explanation

• Sexual abuse

• Emotional disturbance

Signs of Child in Need of Services

NEGLECT

• Malnourished

• Ill-clad, dirty

• Improper shelter

• Inappropriate health care

• Excessive absences

• Overworked

• Lacking emotional nurturance

• Abandonment

American Student Achievement Institute

Page 9: © 1996-2003 American Student Achievement Institute  May be reproduced with proper citation for educational purposes

IC 33-31-5-1

“An individual who has reason to believe that a child is a victim of child abuse or neglect shall make a report as required by this article.”

1) Immediately notify the school principal who will cause a report to be made to:

a) Local child protection service

b) Local law enforcement agency

IC 31-33-6

. . . a person, other than the person accused of child abuse or neglect . . . is immune from any civil or criminal liability that might otherwise be imposed because of such actions.

FAILURE TO REPORT - MISDEMEANER

Duty to Report Child Abuse

American Student Achievement Institute

Page 10: © 1996-2003 American Student Achievement Institute  May be reproduced with proper citation for educational purposes

1. Report suspected cases to principal immediately (or his or her designee if the principal is out of the building)

2. Determine who will report the abuse to Child Protective Services

3. If not you, follow up to make sure the report was made

4. If Child Protective Services wishes to talk to the student at schoola. Verify that the person is really from Child Protective Servicesb. Find a private place for the meetingb. Explain the situation to the student before they see the

caseworkerc. Assure him/her that the caseworker has the student’s best

interests in mindd. Offer to be present during the interviewe. If present, just listenf. Check in with the student after the caseworker is gone and

the next day

How to Report

American Student Achievement Institute

Page 11: © 1996-2003 American Student Achievement Institute  May be reproduced with proper citation for educational purposes

American Student Achievement Institute

Page 12: © 1996-2003 American Student Achievement Institute  May be reproduced with proper citation for educational purposes

MALPRACTICE: Practices that are outside of a professional’s training or ability that result in damage to the recipient of those services

NEGLIGENCE: A a breach of legal duty to perform acts that are part of the professional’s obligation

ACTING IN GOOD FAITH: Using the ethical standards of one’s profession as a criterion for marking a legal determination.

MALPRACTICE

American Student Achievement Institute

Page 13: © 1996-2003 American Student Achievement Institute  May be reproduced with proper citation for educational purposes

COUNSELING: Using knowledge of counseling theory and counseling techniques to bring about a change in student behaviors or attitudes (should be practiced only by credentialed professionals)

GUIDANCE: Sharing knowledge related to career, academic, or personal-social development

ACTIVE LISTENING: Listening in an friendly and attentive manner

The Difference Between Counseling, Guidance, Active Listening

American Student Achievement Institute

Page 14: © 1996-2003 American Student Achievement Institute  May be reproduced with proper citation for educational purposes

LIBEL: False statements that are published and bring about hatred, disgrace, ridicule, or contempt

SLANDER: Verbal statements that bring about hatred, disgrace, ridicule, or contempt

DEFAMATION: In civil suits, an injured reputation resulting from libel or slander

Advisor Risks:

Letters of recommendation

Comments in student records

LIBEL / SLANDER / DEFAMATION

American Student Achievement Institute

Page 15: © 1996-2003 American Student Achievement Institute  May be reproduced with proper citation for educational purposes

American Student Achievement Institute

Page 16: © 1996-2003 American Student Achievement Institute  May be reproduced with proper citation for educational purposes

IC 20-10.1-4-15

Schools may not require students to involuntarily participate in a personal analysis, an evaluation or survey that is not related to academic instruction without parent permission.

Analysis / Evaluation / Survey

American Student Achievement Institute

Page 17: © 1996-2003 American Student Achievement Institute  May be reproduced with proper citation for educational purposes

© 1996-2003 American Student Achievement Institute

http://asai.indstate.edu • May be reproduced with proper citation for educational purposes.